China

• Author: Michael Palmer, Chao Xi
• DOI: 10.1177/0002716208328447
• Published date: 01 March 2009
• Date: 01 March 2009
• Subject Matter: Articles

270 ANNALS, AAPSS, 622, March 2009

China has three important types of opt-in representa-

tive procedures, depending on whether the number of

claimants is fixed or not. In addition, a special proce-

dure covers securities fraud claims. Mediation is

emphasized in all types.

Keywords: Civil Procedure Law 1991; 2007 amend-

ments; collective actions; representative

actions

An important aspect of legal development

in the People’s Republic of China (hereaf-

ter, PRC or China) during the post-Mao era has

been a growing reliance on the courts for access

to civil justice, to some extent at the expense of

community and workplace mediation and dis-

pute resolution by administrative agencies. The

greater use of civil litigation has itself involved

a number of interesting changes including the

subject discussed in this article, namely, the

emergence of several forms of “mass suit.”

Overview of China’s Legal System

The PRC is a centralized unitary state, and the

National People’s Congress (NPC) is its highest

legislative body. The NPC and its Standing

Committee are vested with the authority to

enact, amend, and interpret the Constitution and

national laws.

China’s court has four levels: the Supreme

People’s Court (SPC) at the central level, the

Higher People’s Courts at the provincial level,

and the Intermediate People’s Courts and the

China

By

MICHAEL PALMER

and

CHAO XI

Michael Palmer is a professor of law at the University

of London, chair of the Centre of East Asian Law at the

School of Oriental and African Studies (SOAS), and

honorary professor of law at Renmin Daxue (People’s

University) Beijing.

Chao Xi is an assistant professor at the Faculty of Law

at the Chinese University of Hong Kong.

DOI: 10.1177/0002716208328447